34 & 7 Realopp Corp. v. Seafood City, Inc.

Appellate Terms of the Supreme Court of New York

34 & 7 Realopp Corp. v. Seafood City, Inc.

71 Misc. 2d 302, 335 N.Y.S.2d 940, 1972 N.Y. Misc. LEXIS 1876

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 22, 1972

StatusPublished

Cited by4 cases

This text of 71 Misc. 2d 302 (34 & 7 Realopp Corp. v. Seafood City, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

34 & 7 Realopp Corp. v. Seafood City, Inc., 71 Misc. 2d 302, 335 N.Y.S.2d 940, 1972 N.Y. Misc. LEXIS 1876 (N.Y. Ct. App. 1972).

Pincite

Opinion

Per Guriam.

The failure to allege in the petition that ‘ ‘ the premises are not a multiple dwelling ” as required by the New York City Civil Court Rules (22 NYCRR 2900.21 [f j), is a defect [303]*303which can be amended by motion at any time before conclusion of the trial (Rosgro Realty Co. v. Braynen, 70 Misc 2d 808; Presta v. Circle Studios, N. Y. L. J., April 7,1972, p. 2, col. 5).

The other objections raised as to jurisdiction have no merit.

The order should be reversed with $10 costs, and motion to dismiss .the petition should be denied, matter remitted to the court below for trial of the traverse.

Concur — Streit, J. P., Qmrrn and G-old, JJ.

Order reversed, etc.

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